California First-Time DUI Rules Leave Interlock Mandate Out of New Package
I am disappointed because it got so far and because my strong belief is that this is a public safety bill that is non-partisan,
said Kellie Montalvo, a Corona mother who lost her son to a hit-and-run driver in 2020.
The omitted bill faltered during the legislative session after the state Senate Appropriations Committee added an amendment making the breathalyzer requirement optional for first-time offenders who caused no injuries. Instead of installing the devices, those drivers could choose a license suspension. Interlocks prevent a vehicle from starting if the breathalyzer detects alcohol.
New Penalties Contrast With Interlock Omission
While the interlock mandate stalled, the package signed by Governor Newsom in September introduced other strict measures for impaired driving. The new laws warn defendants pleading guilty to lesser offenses that they face murder charges if they drive impaired again and kill someone. Additional rules allow prosecutors to charge a third DUI within 10 years as a felony, add Department of Motor Vehicles violation points for vehicular manslaughter while intoxicated convictions, and extend license revocation periods for repeat offenders.
We will not stand by as more lives are lost and more families are forever changed by those who choose to drive under the influence,
Newsom said in a news release announcing the new package.
Currently, California judges decide whether first-time offenders must install interlock devices. A DMV pilot program already requires the technology for repeat offenders and first-time offenders involved in injury crashes.
Supporters and Opponents Clash Over AB 1830
Mothers Against Drunk Driving, the California Police Chiefs Association, and the Automobile Club of Southern California supported AB 1830. Montalvo argued that letting offenders choose restricted licenses fails because drivers frequently continue operating vehicles on restricted privileges.
Opponents included ACLU California Action and the California Public Defenders Association. The San Francisco public defender’s office stated in a legislative analysis that the mandate contradicts evidence on reducing fatalities and increases the likelihood that first-time offenders cannot reinstate their licenses. The office also argued the requirement increases financial harm on low-income communities through new fees.
Questions Surround Legislative Committee Changes
State Sen. Sabrina Cervantes, D-Riverside, led the Senate appropriations panel that amended AB 1830 after it passed the Assembly 74-0. Cervantes offered no public explanation for the changes, and her spokesperson, Michele McKinney, did not respond to requests for comment from the East Bay Times.
Montalvo noted that Cervantes never explained why the bill was altered without input from its author, Assemblymember Cottie Petrie-Norris, D-Irvine. Sacramento police cited Cervantes on suspicion of DUI following a 2025 crash near the state capitol, though prosecutors declined to file charges after a blood test showed no drugs or alcohol. Cervantes has since sued the police department over the citation. Her sister, Riverside Councilmember Clarissa Cervantes, has two DUIs, the most recent from 2023.
Frequently Asked Questions About California DUI Laws
What does an ignition interlock device do?
An ignition interlock device requires a driver to blow into a breathalyzer connected to the vehicle. If the device detects alcohol, it prevents the car’s engine from starting.
Who currently must install interlock devices in California?
California judges hold discretion over whether to order interlocks for first-time DUI offenders. A DMV pilot program specifically requires the devices for repeat DUI offenders and first-time offenders who cause crashes resulting in injury.
What happens to first-time DUI offenders under the new laws?
While AB 1830 failed to mandate interlocks for all first-time offenders, other signed laws warn defendants pleading to lesser offenses about potential murder charges for future fatal crashes, elevate certain third offenses to felonies, and add DMV violation points for intoxicated manslaughter.
The reason that I remain hopeful … is I know we got a foot in the door,
Montalvo said regarding future legislative efforts.
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